By Kevin Curry KA7KYQ for the Oregon Section of the ARRL
Background: Three pieces of legislation have been introduced in the Oregon Legislature that have the potential to prohibit operating a two-way radio device while driving an automobile. The three pieces are very similar in how they are written. Specifically, HB 2482 and SB 293 are nearly identical save for a higher fine in the Senate Bill. SB 246, on the other hand, is a little more complex in that it includes increased fines if the violation results in an accident, injury or death, and requires the offender to take additional steps after conviction (financial and filing) as well as suspends their license.
Here is specific information on the current status of each bill:
SB 246: Presession filed at the request of the Senate Interim Committee on Judiciary at the request of former Sen. Charlie Ringo and Graham Covington. Referred to Senate Judiciary Committee.
SB 293: Pre-session filed at the request of the Senate Interim Committee on Judiciary. Referred to Senate Judiciary Committee. A hearing on this Senate Bill has been scheduled for February 13 at 1 p.m.
The Senate Judiciary Committee is made up of:
- Sen. Ginny Burdick (D- SW Portland/Tigard), Chair
- Sen. Roger Beyer (R- Molalla), Vice Chair
- Sen. Jeff Kruse (R-Roseburg)
- Sen. Floyd Prozanski (D-Eugene)
- Sen. Vicki Walker (D-Eugene)
HB 2482: Introduced by the House Committee on Transportation. Referred to the House Transportation Committee
House Transportation
- Terry Beyer (D-Springfield) - Chair
- George Gilman (R-Medford) - Vice-Chair
- Carolyn Tomei (R-Milwaukie) - Vice-Chair
- Peter Buckley (D-Ashland)
- Tom Butler (R-Ontario)
- Tobias Read (D-Beaverton)
- Greg Smith (R-Heppner)
Call to Action
Since SB 293 has been scheduled for a hearing, our initial efforts should focus on that piece of legislation and on the Senate Judiciary Committee members.
Amateur radio operators should send an email or letter to the committee members educating them on the important role Hams play in emergencies etc., explain why operating an amateur radio is different than a cell phone, and suggest that the legislation be amended to exempt amateur radio operators licensed by the Federal Communications Commission.
Letters are more effective, so take the time to write and mail one. Send it to the committee chair with a cc to each committee member. (Addresses below). Also cc your own State Senator and State Representative (see below for a link to how to find your Senator and Representative).
Our correspondence with legislators needs to be laser focused on specific issues. We don't need to try and argue for or against the legislation's impact on cell phone usage, for example. Leave that fight to someone else. Our goal is specifically to get amateur radio exempted from this piece of legislation and our energies should be focused there.
Make your letters brief, concise and polite. Remember, you know far more than they do about amateur radio so take the opportunity to educate them in a kind manner about our hobby and why it should not be lumped in with using a cell phone while driving.
Specific points in your letter should include:
Info on the legislation specifically:
Operating an amateur radio transceiver is different than a cell phone, for one it doesn't require holding a device to your ear;
The definition of "mobile communication device"; is too broad.
The goal is to limit cell phone usage, but many other uses get lumped in with this broad definition. The bill should be amended to exempt amateur radio operators;
Other states, including New York and Connecticut, have exempted amateur radio operators from similar laws.
Ask them to support amending the bill to not apply to amateur radio operators licensed by the Federal Communications Commission.
Info on amateur radio generally:
Amateur radio operators are licensed by the Federal Communication Commission;
A written test on amateur radio regulations and technology is required to receive your license;
Amateur radio operators play an important role in Communication during emergencies, natural disasters, and large public events like parades and sporting events (e.g. Cycle Oregon);
Oregon DMV issues special "call sign" license plates to amateur radio licensees.
Committee Addresses:
Sen. Ginny Burdick (D-SW Portland) - Chair
900 Court St. NE, S-317
Salem, OR 97301
Sen. Roger Beyer (R-Molalla) -- Vice Chair
900 Court St. NE, S-217
Salem, OR 97301
Sen. Jeff Kruse (R-Roseburg)
900 Court St. NE, S-211
Salem, OR 97301
Sen. Floyd Prozanski (D-Eugene)
900 Court St. NE, S-319
Salem, OR 97301
Sen. Vicki Walker (D-Eugene)
900 Court St. NE, S-210
Salem, OR 97301
Find your Legislator: http://www.leg.state.or.us/findlegsltr/
Contact your Legislator: http://www.leg.state.or.us/writelegsltr/
ARRL-Oregon Section leadership will be working with Senate Judiciary Committee members to amend the legislation by adding the following exemption for amateur radio operators:
"Section 2(2)(c) Nothing in this act shall be construed to apply to voice or data transmissions by an Amateur Radio operator possessing a valid amateur service license issued by the Federal Communications Commission"
Additional information on the legislative process. An idea for a new law is submitted to Legislative Counsel by legislators or committees. Legislative Counsel is the legal office for the Legislature, essentially their lawyers, who are tasked with taking an idea for a new law and drafting it into a bill. The draft version is called a Legislative Concept or "LC" and can be refined before it is introduced or "dropped"; If the person who requested the legislation approves of the draft, they introduce it and it receives a bill number. Bills with an "HB"; before them are House Bills, those with an "SB"; are a Senate Bill.
Because the attorneys in Legislative Counsel are working off of ideas or concepts, the initial draft of the legislation is imperfect. The attorneys in Legislative Counsel, while proficient in the law and Oregon Revised Statutes, don't know every little nuance about every single issue. Much of the legislative process is spent refining the bill via amendments to remove unintended consequences or fix other problems with a bill.
Once a bill is introduced it is referred to the desk of the House Speaker (House Bills) or Senate President (Senate Bills), the respective leaders of each chamber. These two legislators decide what committee to refer the bill to. Once it is assigned, it becomes the decision of the committee chairperson whether or not the bill receives a hearing. There is no obligation for a committee chair to hold a hearing on every single bill assigned to a committee.
This is one of the first opportunities to influence the life of a bill. (The process of the Speaker or Senate President assigning a bill is another, if you can convince them, for example, to "bury"; a bad bill in a committee where you know the chair will not hold a hearing on it. Since these bills are already assigned to a committee, this option is not available to us.) Since there is limited time, the chairperson is going to hold hearings on the legislation most important to them (and the majority caucus.) So, a bill must be of some priority to the chairperson to begin its life. Convincing the chairperson that the legislation is ill conceived and thus doesn't deserve a hearing is the first chance to stop it.
If the chairperson decides to hold a hearing, the second opportunity to influence arises. Presenting testimony and suggesting amendments is done during the hearing process. (The process can actually begin before the hearing if you know for sure the bill will be getting a hearing by working with committee members and the chairperson on suggested amendments.)
This is another point at which the bill can die as well. Just because it receives a hearing doesn't mean it will have a "work session"; After the hearing, the chair may decide not to schedule a work session on the bill. A work session is necessary to amend the bill and pass it out of committee. If a work session is held, this is when amendments can be offered by committee members and approved or killed by committee members. Usually, a work session is only held if the committee chair believes he/she has the votes to move the bill out of committee and to the floor of the chamber.
Once voted out of committee, the bill has a "second reading"; in the chamber. At the "third reading", a vote is held on the floor to pass or not pass the bill. This is a chance, once again, to influence the fate of the bill.
If it passes out of the chamber, it goes to the other chamber and the process starts all over again. If it navigates through both chambers (and the second chamber does not amend the bill) it goes to the governor's desk for a signature or a veto. If the second chamber has amended the bill, it must first go to a conference committee composed of members from both chambers to iron out the differences. If they agree on one version, it goes back to each chamber for their approval before going to the governor.
As one can see, there are numerous opportunities to influence the fate of legislation.
ARRL Oregon Section
Section Manager: Bonnie M. Altus, AB7ZQ
ab7zq@arrl.org